Gebrayel Developments Pty Ltd v Inner West Council

[2017] NSWLEC 1382

Land and Environment Court

New South Wales

Medium Neutral Citation:	Gebrayel Developments Pty Ltd v Inner West Council [2017] NSWLEC 1382
Hearing dates:	Conciliation conference on 17 July 2017
Date of orders:	19 July 2017
Decision date:	19 July 2017
Jurisdiction:	Class 1
Before:	Dixon C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Gebrayel Developments Pty Ltd & Alexander Catania (Applicant) Inner West Council (Respondent)
Representation:	Solicitor: Mr V Conomos, Conomos Legal (Applicant) Mr J Strati, Inner West Council (Respondent)
File Number(s):	2017/82842
Publication restriction:	No

Judgment

1. COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.

2. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.

3. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.

4. The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is given leave to amend the development application and rely upon the following plans in the proceedings:

Plan, Revision and Issue No.	Plan Name	Date Issued	Prepared by
DA010, rev 3	Site Plan and Analysis	23/5/17	BKA Architecture
DA012, rev 3	Basement 2	23/5/17	BKA Architecture
DA012, rev 3	Basement 1	23/5/17	BKA Architecture
DA100, rev 3	Ground Floor Plan	23/5/17	BKA Architecture
DA101, rev 3	Level 1	23/5/17	BKA Architecture
DA102, rev 3	Level 2	23/5/17	BKA Architecture
DA103, rev 3	Level 3	23/5/17	BKA Architecture
DA104, rev 3	Level 4	23/5/17	BKA Architecture
DA105, rev 3	Level 5	23/5/17	BKA Architecture
DA106, rev 3	Level 6	23/5/17	BKA Architecture
DA107, rev 3	Level 6 Upper	23/5/17	BKA Architecture
DA108, rev 3	Roof plan	23/5/17	BKA Architecture
DA200, rev 3	East elevation	23/5/17	BKA Architecture
DA201, rev 3	South elevation	23/5/17	BKA Architecture
DA202, rev 3	West elevation	23/5/17	BKA Architecture
DA203, rev 3	North elevation	23/5/17	BKA Architecture
DA300, rev 3	Section A	23/5/17	BKA Architecture
DA900, rev 3	Finishes schedule	23/5/17	BKA Architecture

2. The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 as agreed or assessed.

3. The appeal is upheld.

4. Development application DA201700013 lodged 13 January 2017 seeking approval for the demolition of existing warehouse and commercial shops. Consolidation of eight (8) lots into one site and the construction of a part four (4) storey, part seven (7) and part eight (8) storey mixed use development comprising five (5) ground floor retail tenancies, 6 serviced apartments, 56 residential apartments, basement car park, associated landscaping and subdivision is approved subject to the conditions in Annexure A.

……………………….

Commissioner Dixon

82842.17 Dixon (C) (371 KB, pdf)